HomeMy WebLinkAboutPACKET Estes Park Planning Commission 2024-07-16
July 5, 2024
1
The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and
special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available.
This meeting will be streamed live and available on the Town YouTube page atwww.estes.org/videos
ADVANCED PUBLIC COMMENT
Public Comment Form: Members of the public may provide written commentson a specific agenda item by
completing the Public Comment form found at https://dms.estes.org/forms/EPPCPublicComment. The form must
be submitted by 10:00 a.m.on the day of the meeting. All comments will be provided to the Commission for
consideration during the agenda item and added to the final packet.
__________________________________________________________________________
AGENDA
PLANNING COMMISSION – TOWN OF ESTES PARK
Town Hall Board Room
Tuesday, July 16, 2024
1:30 p.m.
AGENDA APPROVAL
INTRODUCTIONS AND ANNOUNCEMENTS
New members David Arterburn and Dick Mulhern
PUBLIC COMMENT items not on the agenda (Please state your name and address).
CONSENT AGENDA
1.Planning CommissionMinutesdatedMay 21, 2024
ACTION ITEMS
1.242 Virginia Preliminary Subdivision PlatPlannerHornbeck
Review the proposed six-lot residential subdivision in the RM zoning district.
DISCUSSION ITEMS
ADJOURN
2
3
Town of Estes Park, Larimer County, Colorado, May 21, 2024
Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the
Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park
on May 21, 2024.
Commission: Chair Matt Comstock, Charles Cooper, Chris Pawson
Attending:Chair Comstock, Commissioners Cooper, Pawson,
Community Development Steve Careccia, Senior Planner
Paul Hornbeck, Recording Secretary Karin Swanlund, Town
Attorney Dan Kramer, Town Board Liaison Frank Lancaster
Absent:
Chair Comstock called the meeting to order at 1:30 p.m. There were fivepeople in
attendance.
AGENDA APPROVAL
It was moved and seconded (Pawson/Cooper) to approve the agenda.to approve the agenda.to approve the agenda. The motion
passed 3-0.
INTRODUCTIONS
PUBLIC COMMENT: none
CONSENT AGENDA APPROVALCONSENT AGENDA APPROVAL
tt
It was moved and seconded (Pawson/Pawson/CooperCooperCooper) ) ) to approve the consent agenda. to approve the consent agenda. to approve the consent agenda. The
motion passed 3-0.
ff
ACTION ITEMS
Election of Officersection of Officers: :
It was moved and seconded was moved and seconded was moved and seconded (Cooper/Pawson)(Cooper/Pawson)(Cooper/Pawson)to nominate Matt Comstock as chair. to nominate Matt Comstock as
chair. to nominate Matt Comstock as chair.
The motion passed 3The motion passed 3The motion passed 3---0. 0. 0. (verbal)(verbal)(verbal)
aa
It was moved and seconded was moved and seconded was moved and seconded (Pawson/Comstock)(Pawson/Comstock)(Pawson/Comstock)to nominate Chuck Cooper as Vice
Chair. The motion passed 3Chair. The motion passed 3Chair. The motion passed 3---0. 0. 0. (verbal)(verbal)(verbal)
rr
Rezone Requestone Requestone Request 540540--550 W Elkhorn Ave550 W Elkhorn Ave550 W Elkhorn AveSenior Planner Hornbeck
Elkhorn Plaza Association, ownerPlaza Association, ownerPlaza Association, ownerPlaza Association, ownerPlaza Association, owner / / / Van Horn Engineering, applicantVan Horn Engineering,
applicantVan Horn Engineering, applicant
Planner Hornbeckreviewed the staff report. 540 and 550 West Elkhorn Avenue is a reviewed the staff report. 540 and 550 West Elkhorn Avenue is a reviewed the staff report. 540 and 550
West Elkhorn Avenue is a
0.84-acresitecurrently zoned currently zoned RM (Multi-Family Residential), containingfifteen
dd
residential condominium units in two buildings. In 2000condominium units in two buildings. In 2000, the property was rezoned from
C-O to R-M as a part of the larger valley-wide update to land use regulations and the
zoning map. There is no record as to why this particular property was rezoned at that
time, but one possible explanation is that commercialzoning did not match the
residential use of the property. Staff recommendedthe Planning Commission forward a
recommendation of denial to the Town Board of Trustees, including the following
findings: not compatible or consistent with the policies and intent of the comprehensive
plan, mainlyhousing opportunities sufficient to support a multigenerational, year-round
community andlimiting of short-term rentals.
Discussion:
Split zoning is when a single lot has more than two zone districts.
Spot zoning is when a rezoningis done to ensurea specificuse can be done on the
property in an irrational way and without regard to the Comprehensive Plan to allow a
development to go through.
4
Planning Commission – May 21, 2024 – Page 2
Joe Coop, Van Horn Engineering, reiterated the history of the condominiums. Internal lot
conditions drive this request, which is not a major change. This area has always been a
spot for nightly rentals. The Comprehensive Plan calls for this type of use close to
downtown.
Public Comment: summarized
Gerald Mayo, 265 Lookout Street. His family has owned one of the Condos since 1972.
Units have been used as rentals off and on for decades. The property is surrounded by
CO zoning, and giving CO zoning back to the apartments will not change the world.
Jim Doctor, 521 Grand Estates Dr, there is a greater return on investment and wear and
tear on property far less with short-term rentals.
Discussion:
A moratorium exists on applying for a short-term rental in residential zone districts. term rental in residential zone districts. term rental in residential zone districts.
Commercial districts have no waitlist.
Pawsonhad concerns with the nonconforming use changehad concerns with the nonconforming use changehad concerns with the nonconforming use changeand “jumping the and “jumping the and
“jumping the STR line,”
stating thathe believes short-term rentalsare hampering are hampering are hampering longlonglong--term rentalterm rentalterm rentals. s. s.
Comstock had questions about the order of rezoning and requested variances for the had questions about the order of rezoning and requested variances for the had questions about the order
of rezoning and requested variances for the
three separate lots. Combining the lots first would not affect staff recommendations. three separate lots. Combining the lots first would not affect staff recommendations. three separate
lots. Combining the lots first would not affect staff recommendations.
t
It was moved and seconded (Pawson/CooperPawson/CooperPawson/Cooper) ) ) to forward a recommendation of denial to forward a recommendation of denial to forward a recommendation of denial
to the Town Board of Trusteesto the Town Board of Trusteesof the Zoning Map Amendment application, according to of the Zoning Map Amendment application, according to of the Zoning Map
Amendment application, according to
findings of fact recommended by Staff.ecommended by Staff.The motion passed 3The motion passed 3The motion passed 3--0.0.
f
REPORTS:
A green light has been given to issue the RFP for thereen light has been given to issue the RFP for thereen light has been given to issue the RFP for theDevelopment Code rewrite. Development
Code rewrite. Development Code rewrite. Once
a consultant has been hired, the anticipated completion is 18a consultant has been hired, the anticipated completion is 18a consultant has been hired, the anticipated completion is 18-24
months.
a
Applications are still being taken to fill the two open positions on the Planning Applications are still being taken to fill the two open positions on the Planning Applications are still
being taken to fill the two open positions on the Planning
Commission. Commission.
r
There being no further business, Chair There being no further business, Chair There being no further business, Chair Comstock Comstock adjourned the meeting at 2:30 p.m.
_______________________________
Chair Comstock
d
Karin Swanlund, Recording Secretary
5
6
COMMUNITY DEVELOPMENT
Memo
To: Chair Matt Comstock
Estes Park Planning Commission
Through: Steve Careccia, Community Development Director
From: Paul Hornbeck, Senior Planner
Date: July 16, 2024
Application: 242 Virgina Drive Preliminary Subdivision Plat
CD Investments, LLC, Charles Bailey, Owner/Applicant
Recommendation: Staff recommends the Estes Park Planning Commission forward to
Town Board a recommendation of approval of the Preliminary Subdivision
Plat
Land Use:
Comprehensive Plan Designation: (Future Land Use): Mixed Residential Neighborhood
Existing Zoning District: RM (Multifamily Residential)
Site Area: 0.75 Acres (32,582 SF)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Conduct a public hearing to consider an application for a proposed Preliminary
Subdivision Plat, review the application for compliance with the Estes Park
Development Code (EPDC), and make a recommendation to Town Board.
Location:
The property is located at 242 Virginia Drive approximately ¼ mile south of West
Wonderview Drive.
Background:
The subject property consists of three parcels totaling 0.75 acres in size and is zoned
RM (Multifamily Residential). There was previously a home on the property that was
demolished circa 2016. The site slopes down gently from north to south dropping
approximately eight feet from the high point down to Virginia Drive. The property is
7
outside all mapped hazard areas (flood, fire, and geologic). Surrounding land use,
zoning, and Future Land Use designation are depicted in Table 1 below.
Table 1: Zoning and Land Use Summary
F UTURE L AND U SE Z ONING U SES
D ESIGNATION
S UBJECT Mixed Residential RM (Multifamily Residential)Single Family Residential
P ARCEL Neighborhood
N ORTH Mixed Residential RM (Multifamily Residential)Single Family Residential
Neighborhood
S OUTH Mixed Residential RM (Multifamily Residential)Single Family Residential
Neighborhood
E AST Mixed Residential RM (Multifamily Residential)Single Family Residential
Neighborhood
W EST Mixed Residential RM (Multifamily Residential)Various Residential
Neighborhood(Single-Family, Duplex,
and Triplex)
Project Description:
The proposed subdivision would create six residential townhome lots. Per EPDC § 3.8,
a Development Plan is required for the actual townhome buildings and is subject to staff
review, while the subdivision is subject to Town Board review, with a recommendation
from Planning Commission. At this writing, staff has completed two rounds of review of
the Development Plan, with minor corrections remaining prior to approval.
Vicinity Map
2
8
Zoning Map
W Wonderview Dr
RM
CO
RM
CD
Project Analysis
Review Criteria:
Depending upon the complexity of the project, this section may be a brief summary of
the standards of review or may involve a more detailed analysis of the standards based
upon issues relevant to theproject.
1.Comprehensive Plan.The subject property is designated Mixed Residential
Neighborhood in the Estes Forward Comprehensive Plan's Future Land Use Map.
This category "accommodates high density mixed residential development that
facilitates the coexistence of townhomes, condos and multi-family complexes."
The proposed subdivision is consistent with the surrounding area and with the
recommendations of the Estes Forward Comprehensive Plan.
2.Lots.The proposed subdivision includes six lots which range in size from
approximately 1,500 to 2,100 square feet. EPDC § 10.5.7.cstates:
Minimum Lot Size. Townhome projects shall comply with the minimum lot size
for the underlying zoning district; however, each individual townhome unit may
be constructed on a smaller lot, subject to approval of the Decision-Making
Body.
3
9
The parcel’s RM zoning has a minimum lot size of 5,400 square feet and the project
has an overall area of 32,582 square feet, meaning the minimum lot size
requirement is met (6 x 5,400 = 32,400).
3. Open Space Area. EPDC § 4.3.D.1 requires residential subdivisions containing
five or more lots to set aside a percentage of the gross land area for open areas.
The proposed subdivision has 51% set aside for open/landscaped area, which
exceeds the minimum requirements.
4. Streets, Access, and Right-of-Way. All six lots will be served by a private internal
drive accessed from Virginia Drive. An access easement will need to be dedicated
on the Final Plat. An additional emergency access will be provided through a
connection to Willowstone Drive to the north via an existing access easement, with
bollards prohibiting through traffic. The applicant will be responsible for installing
curb, gutter, and sidewalk along the property’s frontage on Virginia Drive. In order
to comply with EPDC Section 4.3.D.3, which requires pedestrian linkages, the
applicant has agreed to construct an off-site sidewalk on the south side of Virginia
Drive. The sidewalk will be constructed opposite the proposed development and
extend approximately 150 feet east where the existing sidewalk terminates.
5. Grading. The proposed grading is in compliance with EPDC Section 7.2 – Grading
and Site Disturbance Standards. Retaining walls are proposed along much of the
eastern property line and around Lot 1 and 2. Retaining walls will have a maximum
height of three and one-half (3 ½) feet and consist of rock or boulders.
6. Geologic and Wildfire Hazard Areas. There are no Geologic or Wildfire Hazard
areas within this subdivision area.
7. Fire Protection. The Estes Valley Fire Protection District has reviewed this
proposal and has provided comments. Specific requirements apply to building
permit applications.
8. Utilities. The Town of Estes Park will provide water and electric service to the six
proposed lots. Sanitary sewer will be provided by Estes Park Sanitation District.
These utility providers have outlined requirements for the development which the
applicant has agreed to and will be addressed on the Final Plat and construction
plans.
9. Stormwater Drainage. A drainage study was submitted and reviewed by Public
Works with no objection to the study. A detention pond is proposed on the
southwest portion of the site. The majority of stormwater will be discharged into
Virginia Drive, which drains to a storm sewer inlet approximately 400 feet to the
south. A small amount of stormwater will sheet flow to adjacent properties at a
rate not to exceed historic drainage patterns.
4
10
10.Landscaping.There are no existingsignificant trees on the site. Proposed
landscaping complies with EPDC Section 7.3.
Public Comments:
In accordance with the notice requirements in the EPDC, notice of the Planning
Commission meeting was published in the Estes Park Trail-Gazette, on June 28, 2024.
Notification was mailed to all required adjacent property owners on July 8, 2024.
A neighborhood meeting was held November 14, 2023 in accordance with the
requirements of EPDC. The applicant’s summary of the meeting is enclosed
(Attachment 5). Points of discussion included building heights, that the units would likely
be sold rather than rented, positive feedback on building architecture, and that the
development would be fenced around the perimeter.
Staff has received inquiries regarding the proposal from two residents to the north. They
have expressed concern about the density, building height, and drainage. The proposed
density of six units on three quarters (¾) of an acre equates to eight units per acre,
consistent with the maximum allowed density in the RM zone district. A preliminary
drainage report has been prepared by the applicant’s engineer, certifying the drainage
design complies with applicable standards and that drainage patterns will be generally
consistent with existing runoff. Public Works has reviewed the drainage report with no
adverse findings. Proposed building heights are 28.5 feet for buildings A & B and 30
feet for building C, measured in accordance with EPDC § 1.9.E. The RM zone district
permits a maximum building height of 30 feet.
Any public comments submitted will be posted to: www.estes.org/currentapplications.
Staff Findings:
Based on the foregoing, staff finds:
1. The Planning Commission is the Recommending Body for the Preliminary Plat.
2. The Town of Estes Park Board of Trustees is the Decision-Making Body for the
Preliminary Plat. If the Preliminary Plat is approved, then Town Board approval of
a Final Plat will also be necessary to subdivide the property.
3. Adequate public/private facilities are currently available to serve the subject
property or, in the case of the off-site sidewalk, will be extended by the applicant.
4. This request has been submitted to all applicable reviewing agency staff for
consideration and comment. There are no concerns with this Preliminary Plat.
5. The Preliminary Plat application complies with applicable standards set forth in
the EPDC.
Recommendation:
Staff recommendsPlanning Commission forward to Town Board a recommendation of
approval of the Preliminary Subdivision Plat, subject to the following condition:
5
11
All staffand outside agency comments shall be addressedon the final
subdivision plat, including:
A homeowner’s association shall own and maintain Outlot A;
A private access and emergency access easement covering the private
drive shall be dedicated on the Final Plat; and
All comments from the Public Works review dated July 5, 2024
(Attachment 6)
Fully engineered plans for the off-site sidewalk with curb and gutter shall be
reviewed and approved prior to issuance of the first building permit. The sidewalk
shall be completed prior to the issuance of the first certificate of occupancy.
Sample Motions:
1.I move to forward to Town Board a recommendation of approval the Preliminary
Subdivision Plat, according to findings and conditions recommended by Staff.
2.I move to continue the Preliminary Subdivision Plat to the next regularly
scheduled meeting, finding that … \[state reasons for continuing\].
3.I move to forward to Town Board a recommendation of denial the Preliminary
Subdivision Plat, finding that … \[state findings for denial\].
Attachments:
1.Application
2.Statement of Intent
3.Preliminary Subdivision Plat
4.Development Plan
5.Neighborhood Meeting Summary
6.Public Works Review Comments
6
12
13
14
15
16
17
18
19
20
25
26
:!pg!22!Tiffut
29
21!pg!22!Tiffut
30
32
33
PUBLIC WORKS
PUBLIC WORKS
242 Virginia Dr
Preliminary Plat – Subdivision and Development Plan
Public Works Comments – Round 3
July 5, 2024
SUMMARY
Round 2 comments provided on June 6, 2024, remain applicable.
Round 1 comments provided on March 11, 2024, remain applicable.
For Round 3, the following new documents were submitted:
Development Plan – Sheets C-1 through C-4 by i2 Consultants (6/19/24)
The Development Plan shall be revised to provide curb and gutter that connects to existing infrastructure.
Otherwise, a workable drainage system is not achieved.
ANALYSIS
Comments on June 6 note that previous comments from March 11 remain applicable. Appendix D
comments were provided on March 11.
The new sidewalk on the opposite side of Virginia Dr is acceptable but must include curb and gutter that
matches the existing infrastructure. Show a proposed cross section of the sidewalk and the attached curb
and gutter.
Provide a CDOT Standard Plan reference for the proposed ramp.
For a workable drainage system, runoff from the detention basin may not be discharged to the sidewalk.
The Plan must clearly manage drainage using approved design details such as a sidewalk culvert. It is not
sufficient to merely reference a “sidewalk chase” in a note about the HOA on Sheet C-2.
Runoff may not be discharged from a gutter onto asphalt at the neighbor’s frontage. This development must
include curb and gutter to close the gap from the applicant’s frontage to the existing curb and gutter in front
of the adjacent parcel to the east.
The new retaining wall and storm drain pipe added to the Plan is acknowledged.
Page 1 | 242 Virginia – Preliminary Subdivision and Development Plan